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Lev
Lev, Tax Advisor
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Experience:  Taxes, Immigration, Labor Relations
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I have learned from several accounts that the women who comes

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I have learned from several accounts that the women who comes to give my mother massage therapy (she has that liscence) and is paid must get a business liscence or it is illegal and a crime. The woman does't want to and I suspect having a liscence requires her to pay some tax. I can't convince her quoting an account it and I can't find any goverment or law sources to show her. Please send me some links that are that refer to the law. We live in Sarasota county Florida. Thank you for your help. Mother really benefits from the massages of this particular women as she releaves the terrible pain. Thank you. Craig

LEV :

Hi and welcome to Just Answer!
I am not sure what your concern is? Your mother orders a service that she likes and pays for that service.
If there are no conflicts between your mother and a service provider - why do you worry about the license of the service provider?
If there are any violations - that would be issues for the service provider - not for your mother.

Customer:

I am sorry. The theapist, who has a massage therapy liscence but does not work for a service comes and does very skillful massaging. We pay her by check. I have been told and read that she needs a business liscence to do this. She won't get one and I worried why as she once offered to lie to help me but it would have cheated the company. So I have been told that she needs a business liscence. We have offered to pay the fifty dollars and still she won't. She would do it though were we live, Sarasota County, so if there are city and or county taxes that would be taking care of. One tax account referred to it a crime, which just sound stornger than illegal. I cannot convince her by quoting accounts, even those I have spoken to on the phone, I need, and I think it will work, and my poor mother will be able to continue having her come, she is gentle, friendly and our landlady, if you could give me some links to goverment state or federal sites that state that for what she is doing she needs a business liscence. Or to laws. I have looked everywhere and I can't find them. But that is me. I am worried she is resisting to save some tax payments. Please would you give me some official sources. Thank you and God bless you. Craig

LEV :

ere is the Florida statute that regulates massage practice - http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0480/0480ContentsIndex.html&StatuteYear=2010&Title=-%3E2010-%3EChapter%20480
See specifically 480.047 Penalties.—


(1) It is unlawful for any person to:


(a) Hold himself or herself out as a massage therapist or to practice massage unless duly licensed under this chapter or unless otherwise specifically exempted from licensure under this chapter.


(2) Any person violating the provisions of this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.



The service provider as long as he/she is a massage therapist is not required to work for any company.
Before you begin business in Florida, you must first find out if your business activity or products used will be subject to sales or use tax. If it is, you must register to collect sales tax or pay use tax.
Massage services are not subject of sales tax - and there is need in any additional business license.
See for reference - https://taxlaw.state.fl.us/format1.aspx?file=sut_fc&req=12A-1.*%20{in%20long%20t[}&ttype=Sales%20And%20Use%20Tax

Customer:

I am sorry she is a liscenced massage therapist, as mentioned above. Sorry for your trouble. Other tax accounts have told me that she must have a business liscence as she is being paid. I do not exactly but maybe it make it harder to cheat county and state taxes without one. One tax account it called a crime and she could go to court (I won't report her) but he could mot povide me with any links, goverment or law that I could show her. She won't accept his word. He did point out it is not that case of 1.000 for household help as she is not household help. Please give me some links. Yes, I looked at the Florida state web site and as I time this I have been on hold with the IRS. Just some links to show her that she, unkowingly, is breaking the law. Thanks. Craig

Customer:

Please give that request sent at 8:41pm one good try. Thanks!

LEV :

You either was informed incorrectly or misunderstood.
Before you begin business in Florida, the person must first find out if the business activity or products used will be subject to sales or use tax.
Massage services are not subject of sales tax - and there is no need in any additional business license.
Above is a reference for FL sales tax laws.

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Please see for reference Guide for Business Owners in Florida - http://dor.myflorida.com/dor/forms/2010/gt300015.pdf - that is an official FL DOR publication. See page 5 when additional registrations are required.

 

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